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House Judiciary Hearing spotlights federal gap in vacating convictions for trafficking survivors
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Summary
Witnesses at the House Judiciary subcommittee hearing urged Congress to pass the Trafficking Survivors Relief Act, which would create a federal pathway to vacate convictions and provide an affirmative defense for crimes committed as a direct result of trafficking.
Chairman Biggs convened the House Judiciary subcommittee hearing on protecting victims of human trafficking and online exploitation, where witnesses urged passage of the Trafficking Survivors Relief Act (TSRA) to give survivors a federal mechanism to clear criminal records tied to exploitation.
The bill ‘‘seeks to address this gap by providing a pathway for survivors to vacate convictions and expunge arrest records for certain crimes that were a direct result of their trafficking,’’ Anne Basham said in testimony. Basham identified the lack of a federal equivalent to state vacatur and expungement remedies as a major barrier for survivors seeking housing, employment and safety.
Why it matters: Witnesses said criminal records created while people were being trafficked make it harder for survivors to rebuild their lives and can trap them back in exploitative situations. Jean Bruggeman, executive director of Freedom Network USA, told the committee that many survivors carry long criminal records — her organization’s reentry caseload included 37 survivors with 1,716 charges collectively — and that federal relief is needed because ‘‘for those with federal charges, there are no options.’’
What the bill would do: Witness testimony described TSRA as creating (1) a statutory pathway to vacate convictions and expunge arrest records tied to exploitation, (2) funding authorizations for civil legal services through the Office on Violence Against Women, and (3) an affirmative defense so survivors can avoid criminalization at the charging stage.
Survivor testimony underscored the stakes. Sherry Lopez, a trafficking survivor and founder of Pearl at the Mailbox, described the lasting harm of convictions and said, ‘‘I respectfully ask that you support the Trafficking Survivors Relief Act. Doing so will give survivors hope that they can go forward and have a new life.’’
Committee discussion: Members pressed witnesses about implementation details and whether state-level precedents suggest unintended consequences. Witnesses pointed to nearly all states having some form of relief and said state experience shows the reforms do not flood courts with claims but instead remove a barrier that helps prosecutors pursue the traffickers. Basham called an affirmative defense ‘‘critical’’ to avoid victims being prosecuted before their status is recognized.
Next steps: Witnesses urged bipartisan cosponsorship and passage of TSRA. No formal committee vote took place at the hearing.
Ending: The hearing tied TSRA to a broader suite of measures witnesses recommended to prevent trafficking and support survivors, but advocates repeatedly emphasized a federal vacatur mechanism and affirmative defense as immediate, necessary reforms.
